Описание: In Global Constitutionalism and the Path of International Law, Surendra Bhandari succinctly offers an account of the most important growth and features of international law from the perspectives of global constitutionalism. The author examines the concept from its constitutive features and the operative standards or modus operandi. These two aspects offer a new and innovative methodology in explicating the theory of ‘global constitutionalism’. By examining three cases: international trade (WTO), human rights, and the role of Security Council, the author demonstrates how the idea of global constitutionalism is shaping and deepening the path of international law in the 21st century and elucidates the development of international law as a body of positive rules.
Описание: The book synthesizes the evolution of covenantal life from its inception in the Period of the Judges to American constitutionalism, from "I am the Lord" to ... "We the People."
Описание: This is the first legal monograph analysing multilevel governance of global ‘aggregate public goods’ (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism by using historical, legal, political and economic methods. It explains the need for a ‘new philosophy of international law’ in order to protect human rights and PGs more effectively and more legitimately. 'Constitutional approaches’ are justified by the universal recognition of human rights and by the need to protect ‘human rights’, ‘rule of law’, ‘democracy’ and other ‘principles of justice’ that are used in national, regional and UN legal systems as indeterminate legal concepts. The study describes and criticizes the legal methodology problems of ‘disconnected’ governance in UN, GATT and WTO institutions as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as ‘constituent powers’, ‘democratic principals’ and main ‘republican actors’, who must hold multilevel governance institutions and their limited ‘constituted powers’ legally, democratically and judicially more accountable.
Описание: Key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure good governance are analysed here. Utilising comparative material, the book draws lessons about the problems of constitutionalism and critically addresses the legal issues involved in making constitutions `work` in practice.
Описание: This is the first legal monograph analysing multilevel governance of global ‘aggregate public goods’ (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism by using historical, legal, political and economic methods. It explains the need for a ‘new philosophy of international law’ in order to protect human rights and PGs more effectively and more legitimately. 'Constitutional approaches’ are justified by the universal recognition of human rights and by the need to protect ‘human rights’, ‘rule of law’, ‘democracy’ and other ‘principles of justice’ that are used in national, regional and UN legal systems as indeterminate legal concepts. The study describes and criticizes the legal methodology problems of ‘disconnected’ governance in UN, GATT and WTO institutions as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as ‘constituent powers’, ‘democratic principals’ and main ‘republican actors’, who must hold multilevel governance institutions and their limited ‘constituted powers’ legally, democratically and judicially more accountable.
Описание: A critical analysis of current political and sociolegal theories of tribalism and indigeneity which draws upon legal doctrine, policy, demographic data, and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.
Автор: Hirschl Ran Название: City, State: Constitutionalism and the Megacity ISBN: 019092277X ISBN-13(EAN): 9780190922771 Издательство: Oxford Academ Рейтинг: Цена: 8432.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: More than half of the world's population lives in cities; by 2050, it will be more than three quarters. Projections suggest that megacities of 50 million or even 100 million inhabitants will emerge by the end of the century, mostly in the Global South. This shift marks a major and unprecedented transformation of the organization of society, both spatially and geopolitically. Our constitutional institutions and imagination, however, have failed to keep pace with this new reality. Cities have remained virtually absent from constitutional law and constitutional thought, not to mention from comparative constitutional studies more generally. As the world is urbanizing at an extraordinary rate, this book argues, new thinking about constitutionalism and urbanization is desperately needed. In six chapters, the book considers the reasons for the constitutional blind spot concerning the metropolis, probes the constitutional relationship between states and (mega)cities worldwide, examines patterns of constitutional change and stalemate in city status, and aims to carve a new place for the city in constitutional thought, constitutional law and constitutional practice.
Автор: Kautz Steven, Melzer Arthur, Weinberger Jerry Название: The Supreme Court and the Idea of Constitutionalism ISBN: 0812221907 ISBN-13(EAN): 9780812221909 Издательство: Wiley EDC Рейтинг: Цена: 4803.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of—and the persistent tensions between—constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
Автор: Fombad Charles M., Steytler Nico Название: Corruption and Constitutionalism in Africa ISBN: 0198855591 ISBN-13(EAN): 9780198855590 Издательство: Oxford Academ Рейтинг: Цена: 53509.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This edited collection explores the endemic corruption that has spread into every aspect of social, economic, and political life which is at the heart of the crisis of constitutionalism in Africa and draws attention to the need for remedial action.
Описание: This major new work of constitutional theory looks at the relationship between constitutions and markets, and how it affects our understanding of citizenship and rights. It criticises the way in which thinking about markets at the national, European and global levels has deformed the democratic understanding of the constitution.
It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate?
This book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The author engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left's legal and political discourse. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.
Автор: Almut Schilling-Vacaflor Название: New Constitutionalism in Latin America: Promises and Practices ISBN: 1409434982 ISBN-13(EAN): 9781409434986 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. This book offers a general overview of constitutional reforms in Latin America since 1990.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
